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Taxpayer 08-15-2007 02:26 PM

Advice needed
 
A year ago my wife was driving down the highway when a truck pulled out in front of her. She struck the truck at 50 miles per hour and was nearly killed. The driver admitted at the scene that he didn't look before he pulled out, but when the DPS arrived this lying cowward said he was parked and my wife just ran into him.

Evidence I gathered at the scene supports the fact that he is lying, and he received a ticket for obstructing the roadway. He has also changed his story twice, yet the bastards at the insurance company want to believe him. As a result his insurance has refused to pay my wifes substantial medical bills or for her truck unless she accepts half of the blame for hitting this lying coward.

We are suing the insurance company and will most likey prevail, but I am wondering what if anything I could try to make this pos tell the truth?

Thanks.

moviezombie 08-15-2007 04:15 PM

if you are sueing it is now in your attorney's hands and you'd be better off staying completely out of it. are you hiring the attorney or is this an attorney from your insurance company? if its an attorney hired by your insurance company you can pretty much bet you'll win. if you're hiring an attorney, get the best for this type of case and realize that said attorney will take a huge chunk of the settlement....so make sure the actual settlement will cover your expenses AFTER the attorney takes his/her fee.

leave it now to the attorney. you don't want to jeopardize your case by some action that could be misinterpreted. an attorney can certainly show this liar up for what he is.....especially with the evidence you already gathered.

of course his insurance company is going to refuse to pay until they are dragged kicking and screaming to write the check. its a fact of life. however, they may actually make you an out of court settlement offer once they see you're not going to back down and all the evidence. again, make sure any settlement will pay for all expenses.

sorry you're having to go through this and i hope your wife has recovered fully.

movie zombie

Taxpayer 08-15-2007 05:26 PM

Thanks. The attorney is one I have known personally for ten years or so. I trust them. It is just very frustrating living with this for so long and this pos getting off scott free. My wife will never fully recover from this accident. Her shoulder is hurt so bad that she can no longer do many of the physical activities she used to enjoy. And when the accident happened, she hit something with her face and knocked several of her teeth loose so bad that we are having surgery this month for false teeth for her. We are paying for that out of pocket as well. I am so glad we were able to save the money.

I'm sorry to vent this here but I hate this guy that caused the wreck. Having an accident is one thing, lying about and tearing up someones life is a whole different story.

robocop10mm 08-15-2007 05:43 PM

advice
 
What you have to understand is Texas law does not require an insurance company to deal with anyone fairly. They will do what ever it takes to protect their bottom line. If their insured person (the AH driving the other vehicle) will lie to his insurance company because he does not want his rates to go up or get dropped.

Good luck withthis problem.

moviezombie 08-15-2007 06:20 PM

is any insurance company in any state required to deal fairly? most insurance companies will sit back and see if you'll fold and just go away....or try and buy you off cheaply. stating the obvioius: they're in it to make $$$.

his insurance company is going to continue to take his word for it until
1-they either see the evidence presented by your attorney and conclude that you'll take it into court where they might lose so make you an offer or
2- decide to risk it in court as they figure they can stall it out and get delays to the point where you'll get disgusted and you'll accept a lower settlement.

i completely understand the inclination to have to do something as i am that sort of person also. but you've done a lot already. let your attorney earn the $$$ he's going to get and handle it all legally. they're trained and relish getting guys like this.

it is frustrating to know this guy is lying but you've got the evidence and believe me your attorney will know how to use it and get even more on the guy. patience is not one of my virtues and i warn you that this can turn out to be a long drawn out affair.

you are indeed fortunate that you had the $$$ to be able to pay out of pocket for these medical expenses. i'm sorry your wife will continue to have pain and need medical attention due to this liar.

nothing wrong with venting! keep us posted, please.

movie zombie

ps this kind of case is exactly why i oppose any limitations re the right to sue and/or on amount.


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